Cohabiting Couples Have Fewer Rights Than You Think: Here's What to Do About It

There are around 3.6 million cohabiting couples in England and Wales, and a significant portion of them are living with a dangerous misunderstanding. Many believe that living together for a number of years, or having children together, creates something called a "common law marriage" that gives them similar legal protections to married couples. It does not. There is no such thing as a common law marriage in English law, and never has been.

The legal reality

Cohabiting couples have no automatic right to each other's property, savings, pensions, or assets regardless of how long they have been together. If your relationship ends, there is no legal duty for one partner to financially support the other. If your partner dies without a will, you will inherit nothing from their estate under the intestacy rules, even if you lived together for decades. In that situation, the estate would instead pass to their closest relatives, potentially leaving a surviving partner without a share of a property they have lived in and contributed to for years.

There is also no provision for pension sharing between cohabiting couples. This can create a significant financial disparity in retirement, particularly where one partner has reduced their working hours or left employment entirely to care for children or the home.

When property is involved

If you are not named on the title deeds of your home, you have no automatic right to stay in the property if your partner ends the relationship or dies. In some cases, a court may find that you have a beneficial interest in the property if you can demonstrate financial contributions towards the deposit or mortgage, or if there was a clear understanding that you would have a share. But this is a complex and uncertain area of law that requires you to bring a claim under the Trusts of Land and Appointment of Trustees Act 1996, which is expensive, stressful, and not guaranteed to succeed.

What you can do right now

The good news is that you can take practical steps to protect yourself. A cohabitation agreement is a legally recognised document that sets out how you and your partner intend to manage property, finances, and assets during your relationship and what happens if it ends. It can be tailored to your circumstances and updated as your life changes.

If you own or are buying property together, a Declaration of Trust records each person's financial contribution and their respective ownership share. This provides important protection if the property is sold or if the relationship breaks down.

Making a will is essential. Without one, your partner will receive nothing from your estate under the intestacy rules. A will ensures that the people you want to benefit actually do.

Is change on the way?

There is growing political pressure for reform. The Labour government has committed to consulting on cohabitation law reform in Spring 2026, with proposals that could eventually give long-term cohabiting couples some automatic financial rights on separation and death. However, these reforms are not yet law, will take time to pass through Parliament, and are unlikely to offer the same level of protection as marriage. The best protection available to cohabiting couples right now is proper legal planning.

Our family law and estate planning teams work closely together to ensure you receive seamless, joined-up advice tailored to your individual circumstances. If you would like to discuss your situation, please do not hesitate to get in touch with our experienced team today — we are here to help.

Call us on 01253 629300.

Blackhurst Budd Wins Best Legal Service at SPU North West Awards

Blackhurst Budd Solicitors are celebrating success after winning Best Legal Service at the Solo Parents United (SPU) North West Awards 2026.

The awards ceremony took place at Ribby Hall Village in Lancashire and brought together solo parents, community organisations and local businesses from across the region. The event celebrates individuals and organisations that make a meaningful difference to the lives of single parent families.

Solo Parents United (SPU) is a UK based community that supports people raising children without a long term partner. Through local events, peer support and national initiatives, the organisation aims to reduce isolation and create a strong support network for solo parents and their children.

Blackhurst Budd’s Family Law team regularly supports individuals with matters such as separation, divorce and child arrangements. Alongside family law, the firm also provides a wider range of legal services that are often important for parents and families, including wills and probate advice, lasting powers of attorney and residential property services.

Sharon Emslie, Head of Family Law at Blackhurst Budd, said:

“Winning Best Legal Service at the SPU North West Awards is a real honour for our team. Supporting families through difficult situations is at the heart of what we do, and it means a great deal to be recognised by an organisation that works so closely with solo parents.”

The award reflects Blackhurst Budd’s commitment to providing clear, practical and compassionate legal advice while continuing to support families and communities across Blackpool and the Fylde Coast.

Lasting Powers of Attorney: Replacement Attorneys – What You Should Know

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more individuals to make decisions on your behalf if you are unable to do so. These decisions can relate to your Property and Financial Affairs or your Health and Welfare.

Importantly, a Property and Financial Affairs LPA can be used even while you still have the capacity to make decisions, provided you give your consent. On the other hand, the Health and Welfare LPA only comes into effect when you are deemed to lack mental capacity. For more details on the importance of a Health and Welfare LPA, click here.

What Is a Replacement Attorney?

The individuals you appoint to make decisions on your behalf are known as Attorneys. You can appoint up to four Attorneys and decide how they should work together when making decisions.

However, it’s important to consider what would happen if one or more of your Attorneys are no longer able to act. This is where Replacement Attorneys come in. They are appointed to step in if any of the original Attorneys become unable to fulfil their role.

You can also decide under what circumstances the replacement Attorney should step in. They can either replace a specific Attorney or take over only if all the original Attorneys can no longer act.

When Are Replacement Attorneys Needed?

There are several reasons why an original Attorney may become unable to act, including death, mental incapacity, bankruptcy, or simply choosing to step down from the role.

If any of these situations arise and no replacement Attorney has been appointed, you could be left without an Attorney to make decisions on your behalf. In such cases, you would need to create a new Lasting Power of Attorney. However, if you have lost mental capacity, you wouldn’t be able to make a new LPA. This would require an application to the Court of Protection for a Deputy to be appointed to manage your affairs.

How Do Replacement Attorneys Operate?

A replacement Attorney cannot act while the original Attorneys are still able to unless you have specifically stated that they can take over for a particular Attorney. For instance, you might specify that a child of one of the original Attorneys can replace them if they become unable to act.

If a replacement Attorney does step in, they generally act alongside the remaining original Attorneys or other replacement Attorneys, depending on the instructions set out in the LPA. In many cases, this means that all Attorneys capable of acting must make decisions jointly. However, you have the option to specify that the Attorneys can act jointly and severally, meaning they can make decisions either together or individually.

Whether an Attorney is original or a replacement, they are legally required to act in accordance with the Mental Capacity Act 2005 and always act in your best interests.

Having a Lasting Power of Attorney in place, with carefully chosen replacement Attorneys, ensures your wishes are followed even if circumstances change. It provides peace of mind that someone you trust will manage your affairs should your original Attorneys be unable to do so.

Renters Reform and the End of Section 21 What Landlords Need to Know Now and What Is Coming Next

For many years, landlords in England have relied on Section 21 of the Housing Act 1988 as a means of regaining possession of their property. Often referred to as the no fault eviction process, it allowed landlords to bring a tenancy to an end without needing to prove wrongdoing, provided the correct procedure was followed.

While lawful, Section 21 has been the subject of increasing criticism. As renting has become a long term reality for more people, successive governments have faced pressure to provide greater security for tenants while maintaining a workable system for landlords.

This has resulted in the most significant proposed reform of the private rented sector in decades. Central to that reform is the abolition of Section 21. However, despite widespread media coverage, it is important to be clear about what has changed, what has not yet changed, and how landlords should respond during this period of transition.

At the time of writing, Section 21 is still in force. Landlords are still legally entitled to serve a Section 21 notice provided all statutory requirements are met. These include compliance with deposit protection rules, provision of prescribed information, valid gas safety and energy certificates, and correct notice periods.

However, the legal landscape is changing.

The Renters Reform legislation has now passed through Parliament. It sets out a framework for abolishing Section 21 and moving to a system where landlords must rely on specific statutory grounds to regain possession. The intention is that Section 21 will be abolished from 1st May 2026, subject to commencement regulations.

This places landlords firmly in a transitional period. The current law still applies, but future restrictions are approaching. Decisions made now can have long term consequences.

Once Section 21 is abolished, landlords will no longer be able to regain possession simply by serving notice. Instead, possession will only be available where one of the statutory grounds is made out. These grounds include rent arrears, serious breaches of tenancy obligations, or a genuine intention to sell or occupy the property.

While many of these grounds already exist under Section 8, the new regime is expected to place greater emphasis on evidence and procedural accuracy. Courts are likely to scrutinise claims more closely, and errors may be harder to remedy.

For landlords, this represents a fundamental shift. Under Section 21, compliance failures often meant delay but not necessarily the loss of the right to possession altogether. Under the new system, mistakes may result in claims failing entirely.

This is particularly important during the transition. Some landlords are considering serving Section 21 notices now without fully understanding whether the notice is valid. Others are delaying action in the belief that Section 21 has already been abolished, which is not the case.

We regularly advise landlords who discover too late that a notice was defective or that documentation was incomplete. By the time the issue comes to light, months may have passed and opportunities lost.

We also work with landlords who are planning ahead for the new regime. This includes reviewing tenancy agreements, ensuring records and compliance are in order, and advising on the evidential requirements that will apply once Section 21 is removed.

It is also important to understand that transitional provisions are likely to apply. Notices served before the abolition date may still be relied upon for a period afterwards. The detail of these arrangements will matter greatly and is an area where misunderstanding could prove costly.

As the law changes, disputes are likely to increase before the new system settles. Landlords who rely on outdated assumptions or general information risk delay, additional cost and frustration.

Our role during this period is to provide clarity. We help landlords understand their current rights, plan for future changes, and take action in a way that protects their investment.

Renters reform does not mean landlords will be unable to regain possession. It does mean that how and when possession can be recovered is changing. The margin for error is narrowing.

By taking advice early and approaching the transition strategically, landlords can avoid unnecessary risk and ensure they remain compliant as the law evolves.

 Call 01253 623900 to speak to our landlord and tenant specialist, Megan Langley.

Blackhurst Budd Solicitors Donates £2,000 to Support Counselling in the Community

Blackhurst Budd Solicitors is proud to announce a £2,000 donation to Counselling in the Community’s “Help Us Save Our Centre” appeal. The local charity provides affordable and accessible mental-health support for children, young people, and adults, ensuring that no one is turned away due to financial hardship.

The charity is currently raising funds for urgent repairs to its Waterloo hub following significant storm damage. Without this work, their vital low-cost and free counselling services are at risk of interruption.

£1,000 of the donation came from the firm’s charity account. These donations come from the firm’s charity account, which comprises many small sums of money (residual balances) that our generous clients have agreed to donate. The remaining £1,000 was donated directly by the firm itself.

Lee Tumalty, Chair of Trustees at Counselling in the Community, said:

“This generous donation will help us ensure our doors stay open to those who need support the most. It means we can continue to offer a safe, welcoming space in difficult times.”

Warren Spencer, Managing Director at Blackhurst Budd Solicitors, added:

“As a firm rooted in and committed to our region, we are delighted to support an organisation with such vital community impact. Counselling in the Community plays an essential role locally, and we are pleased to help them continue their important work.”

Blackhurst Budd is committed to supporting local charities and community initiatives, and we encourage anyone able to do so to support Counselling in the Community’s fundraising efforts.

For more details on the fundraising campaign please visit: https://www.gofundme.com/f/help-us-save-our-centre

The Renters’ Rights Act 2025: What Landlords and Letting Agents Need to Know About the Upcoming Reforms

By Megan Langley

Overview

The Renters’ Rights Bill received Royal Assent on 27 October 2025, this means that it is now an act of Parliament, officially becoming the Renters’ Rights Act 2025. This marks a significant shift in the UK private rented sector.

However, it’s important to note that the Act is not yet fully in force. The new rules will be introduced gradually, meaning landlords can still use the current system, including serving Section 21 notices, for the time being.

Headline Reforms: What to Expect

The Renters’ Rights Act 2025 will introduce several important changes including:

• Abolition of Section 21 Notices: Landlords will ultimately no longer be able to end tenancies without specific grounds.

• End of Fixed-Term ASTs: All new tenancies will become open-ended and periodic once implemented.

• Stricter Rules on Rent Increases: Only one rent increase per year will be permitted, with clear notice requirements.

• Decent Homes Standard: Private rentals will need to meet prescribed quality and safety benchmarks.

• PRS Database & Ombudsman: All landlords must register, and tenants will have access to an independent ombudsman for dispute resolution.

• Fairer Terms for Tenants: Landlords must reasonably consider requests for pets, and blanket bans on tenants with children or benefit claims will be prohibited.

What Should Landlords and Letting Agents Do Now?

• Continue current practices under the existing law, including valid use of Section 21 where appropriate.

• Plan ahead: Start reviewing tenancy agreements and management processes in readiness for the upcoming changes.

• Audit property standards to ensure compliance with the future Decent Homes Standard.

• Monitor government updates for official commencement dates and detailed guidance.

• Consider timing: If contemplating possession proceedings, Section 21 remains available until the commencement date.

When Do the Changes Take Effect?

The government has not yet set a formal commencement date for the main reforms. Current guidance suggests that most key reforms for residential tenancies in the private rented sector, including the end of Section 21, are expected to take effect in Spring 2026.

Until the new rules are in force:

• Landlords can still serve valid Section 21 notices for now, provided all existing legal requirements are met.

• Assured shorthold tenancies (ASTs) and current possession procedures remain unchanged.

• The existing legal and compliance framework continues to apply.

Summary

The Renters’ Rights Act 2025 is now law, but most major reforms (including abolition of Section 21) are not expected to commence until Spring 2026.

The current legal framework continues to apply until commencement regulations are published.

Use this transition period to prepare, ensure compliance, and stay informed on forthcoming government announcements.

For bespoke advice please call 01253 629300

Blackhurst Budd Appoints Two New Directors

Blackhurst Budd Solicitors is delighted to announce the appointment of Tom Fielding and Jenny McPhee as Directors, further strengthening the leadership team of the Blackpool-based law firm.

Tom Fielding joined Blackhurst Budd in 2018 and qualified as a solicitor in 2021. He is a key member of the Commercial Department, specialising in commercial property transactions, acquisitions, disposals, and leases. Tom has acted for a wide range of businesses and investors across the North West, providing practical and commercially focused advice.

"I’m thrilled to be taking on this new role as Director," said Tom Fielding. "Blackhurst Budd has such a strong reputation and history in the local community, and I look forward to helping the firm continue to grow and provide excellent service to our clients."

Jenny McPhee joined Blackhurst Budd in January 2023 and qualified as a solicitor in 2016. She works in the Residential Conveyancing Department, dealing with all aspects of property transactions including sales, purchases, remortgages and transfers of equity. Jenny has developed an excellent reputation locally for her approachable manner and attention to detail, guiding clients through what can often be a stressful process with clarity and reassurance.

"It’s an honour to be appointed as a Director," said Jenny McPhee. "I’m proud to be part of a firm that values its people and its clients equally, and I’m looking forward to contributing to the continued success and growth of Blackhurst Budd."

Blackhurst Budd Solicitors was created in 2009 following the merger of three long-standing and respected Blackpool practices: Blackhursts LLP, John Budd & Co, and LSC Solicitors. Later that same year, Coope, Purvis and Taylor also joined the combined entity, further strengthening the firm’s presence across the Fylde Coast.

Since then, Blackhurst Budd has developed into a full-service law firm, offering advice and representation to individuals, families and businesses. The firm is widely recognised for its client-focused approach, community engagement and commitment to developing its people.

Warren Spencer, Managing Partner at Blackhurst Budd, said:

"Both Jenny and Tom have made significant contributions to the firm, and their appointments as Directors are richly deserved. Tom’s expertise in commercial property and Jenny’s experience in residential conveyancing reflect the strength and depth of our team. Their progression demonstrates our commitment to developing our people and ensuring we continue to provide first-class legal services to our clients."

With these appointments, Blackhurst Budd continues to build on its strong heritage and reputation as a trusted and forward-thinking law firm.

Pictured L-R Warren Spencer, Jenny McPhee, Tom Fielding.

Protecting Your Family Home with a Right of Residence Trust Will

For many couples, the family home is their most valuable asset – often the result of years of hard work and dedication. Naturally, you want to make sure that your share of the property is protected and passed on according to your wishes, while still giving your surviving partner the security of a home for life.

A Right of Residence Trust Will is a popular way to achieve this balance. It safeguards your property, helps avoid future disputes, and gives you control over what happens to your home after you’re gone – all while ensuring your partner has a safe place to live.

Why consider a Right of Residence Trust Will?

Sadly, it’s not uncommon for families to face difficult situations after a bereavement. Sometimes, a surviving spouse or partner forms a new relationship, and their new partner gains rights to live in or even claim part of the property. Under the Trusts of Land and Appointment of Trustees Act 1996, someone who cohabits in a property for just two years can acquire certain legal rights – something many people aren’t aware of.

There’s also the concern that, in later life, a surviving partner may need to fund long-term care, potentially putting the home at risk. In some cases, vulnerable individuals have been taken advantage of, leading to claims or disputes over property ownership.

A Right of Residence Trust Will offers a way to avoid these risks. It allows you to:

• Protect your share of the property for your chosen beneficiaries (for example, your children).

• Prevent unwanted claims on your home from future partners or other third parties.

• Give your surviving partner the right to live in the home for life or until they decide to move, ensuring they feel safe and secure.

How does it work?

For this type of Will to work effectively, the joint tenancy on your property needs to be severed, so the home is held as tenants-in-common. This is a simple legal step that allows you to pass your share into the trust upon your death.

The trust then gives your surviving partner the right to:

• Live in the property for the rest of their life or until they choose to leave.

• Downsize to another property if they wish, with the same trust protections applying to the new home.

When your surviving partner passes away, moves into long-term care, remarries, or cohabits with a new partner, the trust comes to an end and your share of the property is passed on to your chosen beneficiaries.

Benefits of a Right of Residence Trust Will

• Security for your surviving partner, ensuring they have a home for life.

• Protection for your loved ones, helping to safeguard their inheritance.

• Clarity and certainty, reducing the risk of disputes or claims over the property.

• Flexibility, allowing for future downsizing or changes in living arrangements.

To make an appointment with Blackhurst Budd Solicitors please call 01253 629300 or email info@blackhurstbudd.co.uk

Frequently Asked Questions

1. Do we need to change how we own our home?

Yes. To set up this type of Will, the property must be owned as tenants-in-common rather than joint tenants. This is a straightforward process involving a signed Deed and a simple update to the Land Registry.

2. Will my partner be forced to leave the house after my death?

No. The trust gives your surviving partner the legal right to live in the property for the rest of their life or until they choose to leave, providing long-term security.

3. Can the property be sold or downsized in the future?

Yes. The trust allows for flexibility, so if your surviving partner wishes to move to a smaller property, they can do so while keeping the same protections in place.

4. Does this type of Will avoid care home fees?

A Right of Residence Trust Will can help protect your share of the property, but it is not a guarantee that care fees won’t impact the estate. It can, however, reduce the risk of the entire property being used to fund care costs.

5. Who benefits from my share of the property once the trust ends?

You choose the beneficiaries in your Will – typically children or other family members – ensuring your share is passed on according to your wishes.

A Right of Residence Trust Will offers peace of mind that your home will be protected, your partner will be looked after, and your loved ones will inherit as you intended. It’s a practical and effective solution for many couples who want to secure their family’s future without making their Wills unnecessarily complex.

To make an appointment with Blackhurst Budd Solicitors please call 01253 629300 or email info@blackhurstbudd.co.uk

Protect Your Share: Why a Declaration of Trust Matters When Buying Property Together

A declaration of trust (sometimes called a deed of trust) is a legal document that sets out how you and someone else own a property together. It can be especially useful if you are buying a home with a partner, friend, family member, or even as an investment with someone else.

Here is a plain English guide to the benefits of having one:

1. Protects each person’s financial contribution
If you are putting in different amounts towards the deposit, mortgage, or improvements to the property, a declaration of trust records this clearly. For example, if you paid 70% of the deposit and want to get that back first if the house is sold, it can say so.

2. Reduces disputes later on
It sets out what happens if one person wants to sell, move out, or take their money out. This helps avoid arguments and misunderstandings because everyone knows what they agreed to from the start.

3. Shows who owns what share of the property
The document can show whether you own the property 50/50 or in different shares (for example 60/40). This is especially important if you want the property value or profits divided fairly if it is sold in the future.

4. Helps with life changes
It can include what happens if your circumstances change – for example, if one person loses their job, gets married, or passes away.

5. Useful for unmarried couples
If you are not married or in a civil partnership, the law does not automatically protect your financial interest in the property. A declaration of trust can give you evidence of what you own.

6. Supports mortgage agreements
Lenders often ask for clarity about who owns what if more than one person is named on the mortgage. A declaration of trust can help reassure them.

7. Can include extra agreements
You can add rules about:

• who pays the bills

• how much each person contributes to the mortgage

• what happens if one person wants to buy the other out

8. Makes inheritance clearer
It can say who gets what if one owner dies. This can work alongside a will to make your wishes clear and avoid complications for your family.

Why is it important?
Without a declaration of trust, the law may assume that you own the property in equal shares, even if one person paid more. This could lead to one person losing out if the property is sold or if there is a dispute.

 Call 01253 629300 for futher information.

New Shared Ownership Leases: What’s Changed?

If you're thinking about Shared Ownership, you might have heard that the rules changed recently. But what do those changes actually mean for buyers?

In this blog, we’ll break down the key changes to Shared Ownership leases in simple, plain English — so you know what to expect before you buy.

Quick Recap: What Is Shared Ownership?

Shared Ownership lets you buy part of a property and rent the rest. It's mainly aimed at first-time buyers or people who can’t afford to buy outright.

You typically:

• Buy a share (from 10% to 75%)

• Pay rent on the rest to a housing association

• Increase your share over time through "staircasing"

Now, let’s look at what’s new…

When Did the Changes Happen?

These changes apply to homes built under the Affordable Homes Programme 2021–2026 — mainly new builds delivered from April 2021 onwards.

Older Shared Ownership homes are usually still under the previous lease terms.

What's Changed in the New Shared Ownership Model?

Here are the main changes, explained in plain terms:

1.  Buy a Smaller Initial Share (Now from 10%)

Old rule: You had to buy at least 25% of the home.
New rule: You can now start with just 10%.

This makes Shared Ownership more affordable upfront, especially for buyers with smaller deposits or incomes.

2.  Cheaper Staircasing — Buy More in 1% Chunks

Old rule: You could only buy more in big jumps (usually 10%+), which meant bigger fees and larger mortgage steps.

New rule: You can now buy as little as 1% at a time, for the first 15 years.

This makes it easier to gradually increase your ownership, even if you can only afford small steps.

And the best part? These 1% shares:

• Come with no valuation fee

• Have a set price, based on an annual formula (not market value)

3.  Landlord Must Pay for Repairs (for 10 Years)

Old rule: You paid for all repairs and maintenance, even though you only owned part of the property.
New rule: The landlord must contribute up to £500 per year for repairs during the first 10 years of the lease.

This is called the 10-year repair-free period, and it helps make Shared Ownership fairer and more affordable.

If your repair costs go over £500 in one year, you cover the rest — but if you don’t use all £500, it can roll over for one year.

4.  Easier Lease Terms

The new leases have been simplified and made more consumer-friendly:

• Shorter, clearer language

• Easier to understand your rights

• More transparency on costs and responsibilities

The goal is to reduce confusion and help buyers feel more confident in what they’re signing up for.

5.  Easier to Sell Your Share

Old rule: If you wanted to sell, the housing association had 8 weeks to find a buyer.
New rule: That window is reduced to 4 weeks — after that, you can market the property yourself.

This makes it quicker and easier to sell, especially if the housing association can't find a buyer right away.

A Few Things That Haven’t Changed

• You’re still buying a leasehold property (not freehold).

• You’ll still need to pay rent on the part you don’t own.

• You may still pay service charges (especially for flats).

• Shared Ownership is still mainly run through housing associations.

What Does It All Mean for You?

These changes make Shared Ownership:

• More flexible

• More affordable

• Fairer for buyers

It’s especially helpful for young people, key workers, and those with lower incomes who want a realistic path to homeownership — without needing a huge deposit.

Before You Buy...

Always:

• Get legal advice from a solicitor familiar with Shared Ownership.

• Read your lease carefully — especially the repair and staircasing rules.

• Budget for mortgage, rent, service charges, and any shared costs.

Final Thoughts

Shared Ownership isn’t perfect, but the new lease model is a big step forward. It gives more people a chance to buy a home — on fairer, clearer terms.

If you're thinking about buying a Shared Ownership property under the new scheme, these changes could make all the difference.

If you’re buying or selling property and would like a no obligation conveyancing quote please call 01253 629300.